Form I-766, Explained: your Employment Authorization Document (EAD) for Working in The U.S.
Form I-766, Explained: Your Employment Authorization Document (EAD) for Working in the U.S.
Form I-766 is more frequently called the Employment Authorization Document (EAD) or employment work allow. It's a physical card issued by U.S. Citizenship and Immigration Services (USCIS) that grants certain nonimmigrant visa holders the legal right to work in the United States. It works as tangible evidence to potential companies that you have the needed permission to contribute your skills and proficiency to the American workforce.
Navigating the intricate landscape of U.S. immigration law can be difficult, especially when it concerns securing employment permission. Form I-766 plays a critical function in this process, allowing qualified individuals to pursue their profession goals while their migration status is pending or under specific visa classifications. In this comprehensive guide, we will look into the information of Form I-766, exploring its purpose, eligibility requirements, application process, and various scenarios where it ends up being essential.
Table of Contents
Who Needs Form I-766?
Form I-765 vs. Form I-766: What's the Difference?
How to Apply for Form I-766?
Where to Submit Your Form I-765?
Cost of Form I-766
After You Receive Your Form I-766
Renewing or Replacing Your Form I-766
Frequently Asked Questions
Final Words
Who Needs Form I-766?
Not all nonimmigrant visa holders require a Work Authorization Document (EAD). U.S. citizens and lawful long-term homeowners (permit holders) are instantly licensed to work and do not need to make an application for employment an EAD. Similarly, some nonimmigrant visas inherently give work authorization, such as H-1B visas for specialty professions.
However, if you fall under specific nonimmigrant classifications or require special approval to work, you needForm I-766 becomes your important tool. This includes:
- Individuals eligible for Deferred Action for Childhood Arrivals (DACA).
- Refugees and Asylees.
- Individuals with U nonimmigrant status.
- Applicants with pending Form I-485 (Adjustment of Status) applications.
- F-1 or M-1 trainees whose visas don't instantly permit work.
- Dependents or spouses of certain employment-based nonimmigrant visa holders
Form I-765 vs. Form I-766: What's the Difference?
You might be questioning the difference in between Form I-765 and Form I-766. In essence, they represent two sides of the very same coin. Form I-765 is the actual application you submit to ask for employment authorization, while Form I-766 is the physical EAD card you receive upon approval. Consider Form I-765 as the request, and Form I-766 as the given approval.
How to Request Form I-766?
The application process for Form I-766 involves completing Form I-765 and offering supporting paperwork to demonstrate your eligibility. It's like assembling the pieces of a puzzle, guaranteeing you have all the needed elements to provide a complete and convincing case.
The basic requirements for using for an EAD consist of:
- Two identical passport-style photographs. - A copy of your U.S. visa.
- A copy of your current EAD (if applicable)
In addition to these basic requirements, you'll to submit particular proof based upon your visa category. For example, if you're using as a refugee, you'll need to supply your last notification of eligibility for resettlement and your Form I-797. If you're applying under Temporary Protected Status (TPS), you'll need to send proof of your TPS approval.
Where to Submit Your Form I-765?
The filing address for Form I-765 depends on your eligibility category and your existing location. USCIS supplies a breakdown of direct filing addresses on its website. It's vital to send your application to the appropriate address to prevent delays or possible rejection.
Cost of Form I-766
The filing cost for Form I-765, which causes the issuance of Form I-766 (EAD), is $410. Additionally, you may require to pay an $85 biometrics cost, depending on your eligibility classification. It's necessary to inspect the USCIS website for the most current fee details.
After You Receive Your Form I-766
Congratulations! Once you get your Form I-766, you're formally licensed to work in the U.S. You can provide this card to prospective employers as proof of your work eligibility. Remember, it's essential to restore your EAD before it expires to maintain your work authorization.
Renewing or Replacing Your Form I-766
If your EAD is lost, taken, harmed, or consists of inaccurate information, you'll require to get a replacement. Similarly, if your EAD is ending, you'll require to renew it to continue working legally. In both cases, you'll need to file a brand-new Form I-765 and pay the required costs.
Frequently Asked Questions
Do I need an EAD if I'm changing my status to a green card? Yes, if you have a pending Form I-485 (Adjustment of Status), you'll require to get an EAD to work while your application is being processed. Can I look for Form I-766 with a K-1 visa? Technically, you can work on a K-1 visa, however it's recommended to wait up until after you're wed and use for an EAD, as K-1 visas generally expire within 90 days. How long is the processing time for Form I-765? Processing times can differ, however USCIS generally intends to process applications within a couple of months. Can I take a trip outside the U.S. while my EAD is pending? It's not advised to take a trip while your EAD application is pending, as it could complicate your immigration procedure.
Final Words
Form I-766, the Employment Authorization Document, is a crucial tool for many nonimmigrants seeking to work legally in the United States. It's a testament to the U.S.'s dedication to welcoming competent people from around the world and permitting them to contribute their talents to the American labor force. By comprehending the eligibility requirements, application process, and possible obstacles connected with Form I-766, you can navigate this important action in your migration journey with self-confidence and clarity. Please seek advice from an immigration lawyer for more details.